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Trending: Call for Papers Volume 6 | Issue 3: International Journal of Advanced Legal Research [ISSN: 2582-7340]

DELAY IN CRIMINAL TRIALS AND ITS IMPACT ON THE CRIMINAL JUSTICE SYSTEM – Dr Samreen Faiz

Abstract

The issue of delays in the court during criminal trials has now become one of the major problems influencing the effectiveness and reliability of the criminal justice system. The reason as to why justice shall be administered in a reasonable time is critical in the delivery of justice that is fair to the accused, protects the rights of the accused, and keeps people’s faith in the legal system. Nevertheless, in most jurisdictions, especially in developing legal systems, criminal cases usually take several years to be disposed of simply because of several procedural, institutional, and administrative variables. Not only do such delays congest the courts, but it also impacts negatively on the victims, witnesses, and the accused persons and in the end undermine the justice delivery process.

This research is aimed at studying the problem of the delay in criminal trials and analyzing its overall effect on the operation of the criminal justice system. The paper is geared towards determining the key contributors to the long criminal process and assessing the effects that these delays have on the principle of fairness and accountability and the right to justice. The research also aims to get insights into the role of the law and judicial interpretations in dealing with the issue of stalled court proceedings.

As a foundation of the research, it is an analytical study of the provisions and statutory frameworks of the constitution and notable cases decided by the courts that stress the need to have justice as fast as it can be. The analysis of the legal principles and scholarly debates shows that the study tracks the systemic issues that lead to an increase in the number of criminal cases on the backlog.

This observation shows that the delays experienced in criminal trials compromise the rights of victims and accused individuals, and hinder the trust of the people in the judicial system, and pose significant challenges in the pursuit of effective justice. The research finds that to make sure that criminal justice is administered in a timely and efficient manner, it is crucial to strengthen the judicial infrastructure, enhance the efficiency of the procedures, and implement institutional changes.

Keywords

Delay in criminal trials, Speedy justice, Criminal justice system, Case backlog, Judicial efficiency, Criminal procedure.